National
Three writ petitions filed at Supreme Court against attorney general’s decision to amend chargesheets
Petitioners seek interim order, saying move intended to withdraw cooperative fraud cases.Post Report
Three writ petitions have been filed at the Supreme Court against a decision by Attorney General Sabita Bhandari to amend chargesheets in cooperative fraud cases linked to Gorkha Media, arguing that the move amounts to withdrawing cases involving serious offences.
The petitions were filed on behalf of Yuvraj Paudel, Ayush Badal and Dinesh Tripathi. The Supreme Court has scheduled a preliminary hearing for Tuesday.
The petitioners argue that cases related to money laundering and organised crime cannot be withdrawn, and say the decision, though described as an amendment of chargesheets, is intended to take the cases back. They have sought an interim order to halt the implementation of the decision.
Attorney General Bhandari had decided to amend chargesheets against all defendants in the cooperative fraud cases linked to Gorkha Media. The decision was initially limited to Rastriya Swantantra Party chair Rabi Lamichhane, but was revised on Friday to approve amendments to two chargesheets against all defendants.
The move triggered controversy after it opened the way for the withdrawal of cases against at least 50 defendants, including GB Rai, against whom a diffusion notice had been issued, at a time when Nepal remains on the money laundering risk list.
The petitions state that allowing the attorney general to amend cases at her discretion would lead to judicial disorder and undermine fair justice.
The Nepal Bar Association also issued a statement on Friday demanding that the attorney general immediately revoke the decision, saying it violates the rule of law. The statement argues that invoking Section 36 of the Criminal Procedure Code to amend chargesheets reflects a flawed legal practice.
“The decision related to case withdrawal is contrary to prevailing legal provisions and the precedents set by the Supreme Court,” the Association said.
“Such selective decisions undermine the court’s jurisdiction and affect the very concept of an independent judiciary,” the statement said, adding that the move would cause serious deviation in the criminal justice system, promote executive arbitrariness and weaken the rule of law.




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